<strong>2015/38 The Workplace Relations Act 2015 (IR)</strong>

The Workplace Relations Act 2015 (the ‘Act’) was signed into law on 20 May 2015 and is due to commence on 1 October 2015. The Act introduces a long-awaited root-and-branch reform for resolving workplace disputes and enforcing employment law in Ireland

Employees and employers will no longer have to navigate through a maze of various tribunals, courts, appeals procedures, time limits and enforcement procedures. The current system will be simplified by providing one single point of entry for employment disputes and one sole route of appeal.

ECJ 18 December 2014, case C-523/13 (Walter Larcher – v – Deutsche Rentenversicherung Bayern Süd), Social security

Mr Larcher is an Austrian citizen. He was employed in Germany for over 29 years. In 2000 he moved...

ECJ 18 December 2014, case&nbsp;C-523/13&nbsp;(Walter Larcher &ndash; v &ndash; Deutsche Rentenversicherung Bayern S&uuml;d), Social security

Mr Larcher is an Austrian citizen. He was employed in Germany for over 29 years. In 2000 he moved...

2014/60 Harassed employee can claim damages for breach of health and safety rules as well as compensation for mental injury (FR)

An employee who is the victim of harassing behaviour is entitled – cumulatively – to at least two and, in some cases, three types of damages: compensation for emotional suffering, compensation for breach of the health and safety rules applicable to employers and, in some cases, an award for constructive dismissal.

2014/60 Harassed employee can claim damages for breach of health and safety rules as well as compensation for mental injury (FR)

An employee who is the victim of harassing behaviour is entitled – cumulatively – to at least two and, in some cases, three types of damages: compensation for emotional suffering, compensation for breach of the health and safety rules applicable to employers and, in some cases, an award for constructive dismissal.

2015/49 Non-compete clause may limit cross-border activity (LU)

For a non-competition clause in an employment contract to be valid under Luxembourg law, it cannot, inter alia, apply beyond national territory and it can only prohibit an independent activity identical or similar to that of the former employer. However, in a recent decision the Court of Appeal validated a non-competition clause that extended the prohibition against competing into France and prohibited an employed activity for a company competing with the former employer’s company.

<p><strong>2015/49 Non-compete clause may limit cross-border activity (LU)</strong></p>

For a non-competition clause in an employment contract to be valid under Luxembourg law, it cannot, inter alia, apply beyond national territory and it can only prohibit an independent activity identical or similar to that of the former employer. However, in a recent decision the Court of Appeal validated a non-competition clause that extended the prohibition against competing into France and prohibited an employed activity for a company competing with the former employer’s company.

ECJ 5 November 2014, case C-103/13 (Snezhana Somova – v – Glaven director na Stolichno upravlenie “Sotsialno osiguryavene”)

Ms Somova worked in Bulgaria from 18 January 1957 until 31 May 1996, a period of over 39 years....

ECJ 5 November 2014, case&nbsp;C-103/13&nbsp;<i>(Snezhana Somova &ndash; v &ndash; Glaven director na Stolichno upravlenie &ldquo;Sotsialno osiguryavene&rdquo;)</i>

Ms Somova worked in Bulgaria from 18 January 1957 until 31 May 1996, a period of over 39 years....

2014/58 How far must legal expenses insurance companies go in covering legal fees? (NL)

Do so-called ‘UWV-proceedings’, in which an employer requests a dismissal permit in order to terminate the employment agreement by notice, qualify as administrative proceedings, as referred to in Article 4 of Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance?